Final Determination Regarding Petition To Reconcile Inconsistent Customs Decisions Concerning the Tariff Classification of CN-9 Solution, 82316-82317 [2011-33603]
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Federal Register / Vol. 76, No. 251 / Friday, December 30, 2011 / Notices
the burden hours and to the information
collected. This document is published
to obtain comments from the public and
affected agencies. This proposed
information collection was previously
published in the Federal Register (76
FR 66740) on October 27, 2011,
allowing for a 60-day comment period.
This notice allows for an additional 30
days for public comments. This process
is conducted in accordance with 5 CFR
1320.10.
DATES: Written comments should be
received on or before January 30, 2012.
ADDRESSES: Interested persons are
invited to submit written comments on
this proposed information collection to
the Office of Information and Regulatory
Affairs, Office of Management and
Budget. Comments should be addressed
to the OMB Desk Officer for Customs
and Border Protection, Department of
Homeland Security, and sent via
electronic mail to
oira_submission@omb.eop.gov or faxed
to (202) 395–5806.
SUPPLEMENTARY INFORMATION: U.S.
Customs and Border Protection (CBP)
encourages the general public and
affected Federal agencies to submit
written comments and suggestions on
proposed and/or continuing information
collection requests pursuant to the
Paperwork Reduction Act (Pub. L.104–
13). Your comments should address one
of the following four points:
(1) Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency/component,
including whether the information will
have practical utility;
(2) Evaluate the accuracy of the
agencies/components estimate of the
burden of the proposed collection of
information, including the validity of
the methodology and assumptions used;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collections of information on those who
are to respond, including the use of
appropriate automated, electronic,
mechanical, or other technological
techniques or other forms of
information.
Title: Entry/Immediate Delivery
Application and Simplified Entry.
OMB Number: 1651–0024.
Form Number: CBP Form 3461 and
Form 3461 ALT.
Abstract: All items imported into the
United States are subject to examination
before entering the commerce of the
United States. There are two procedures
available to effect the release of
imported merchandise, including
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19:02 Dec 29, 2011
Jkt 226001
‘‘entry’’ pursuant to 19 U.S.C. 1484, and
‘‘immediate delivery’’ pursuant to 19
U.S.C. 1448(b). Under both procedures,
CBP Forms 3461 and 3461 ALT are the
source documents in the packages
presented to Customs and Border
Protection (CBP). The information
collected on CBP Forms 3461 and 3461
ALT allow CBP officers to verify that the
information regarding the consignee and
shipment is correct and that a bond is
on file with CBP. CBP also uses these
forms to close out the manifest and to
establish the obligation to pay estimated
duties in the time period prescribed by
law or regulation. CBP Form 3461 is
also a delivery authorization document
and is given to the importing carrier to
authorize the release of the
merchandise. CBP Forms 3461 and 3461
ALT are provided for by 19 CFR 141 and
142. These forms are accessible at:
https://www.cbp.gov/xp/cgov/toolbox/
forms/.
CBP proposes to establish a new
program for ACE entry summary filers
called ‘‘Simplified Entry’’ in which
importers or brokers may file Simplified
Entry data in lieu of filing CBP Form
3461. This data includes 12 required
elements: Importer of record; buyer
name and address; buyer employer
identification number (consignee
number); seller name and address;
manufacturer/supplier name and
address; Harmonized Tariff Schedule
10-digit number; country of origin; bill
of lading; house air waybill number; bill
of lading issuer code; entry number;
entry type; and estimated shipment
value. There will also be three optional
data elements including: Container
stuffing location; consolidator name and
address; and ship to party name and
address. The data collected under the
proposed Simplified Entry program is
intended to expedite the entry process.
Current Actions: CBP proposes to
extend the expiration date of this
information collection with a change to
the burden hours as a result of the
proposed addition of the Simplified
Entry program.
Type of Review: Revision and
Extension.
Affected Public: Businesses.
Estimated Number of Respondents:
6,029.
Estimated Number of Responses per
Respondent: 1,410.
Estimated Total Annual Responses:
8,500,890.
Estimated Time per Response: 15
minutes.
Estimated Total Annual Burden
Hours: 2,125,223.
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Fmt 4703
Estimated Number of Respondents:
6,795.
Estimated Number of Responses per
Respondent: 1,390.
Estimated Total Annual Responses:
9,444,069.
Estimated Time per Response: 3
minutes.
Estimated Total Annual Burden
Hours: 472,203.
Simplified Entry
Estimated Number of Respondents:
500.
Estimated Number of Responses per
Respondent: 1,410.
Estimated Total Annual Responses:
705,000.
Estimated Time per Response: 10
minutes.
Estimated Total Annual Burden
Hours: 117,030.
If additional information is required
contact: Tracey Denning, U.S. Customs
and Border Protection, Regulations and
Rulings, Office of International Trade,
799 9th Street NW., 5th Floor,
Washington, DC 20229–1177, at (202)
325–0265.
Dated: December 27, 2011.
Tracey Denning,
Agency Clearance Officer, U.S. Customs and
Border Protection.
[FR Doc. 2011–33604 Filed 12–29–11; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
[Docket No. USCBP–2011–0025]
Final Determination Regarding Petition
To Reconcile Inconsistent Customs
Decisions Concerning the Tariff
Classification of CN–9 Solution
U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION: Notice of final determination
regarding petition to reconcile
inconsistent customs decisions.
AGENCY:
This document publishes a
summary of a decision issued by U.S.
Customs and Border Protection (‘‘CBP’’)
in response to a petition filed pursuant
to section 177.13 of the CBP regulations
requesting the reconciliation of
inconsistent classification decisions
issued by CBP under the Harmonized
Tariff Schedule of the United States
(‘‘HTSUS’’) of a certain CN–9 solution,
a hydrated ammonium calcium nitrate
double salt that is primarily used as a
SUMMARY:
CBP Form 3461
PO 00000
CBP Form 3461 ALT
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Federal Register / Vol. 76, No. 251 / Friday, December 30, 2011 / Notices
fertilizer but is also used for waste water
treatment. In the decision, CBP
informed the party filing the petition
that the correct classification of the
subject CN–9 Solution is under
subheading 3102.60.00, HTSUS.
The final classification decision
was issued on December 16, 2011. The
classification set forth in the decision
applies to all entries of the described
CN–9 Solution for which liquidation
was not finalized as of December 16,
2011.
DATES:
FOR FURTHER INFORMATION CONTACT:
Tamar Anolic, Tariff Classification and
Marking Branch, Regulations and
Rulings, Office of International Trade,
(202) 325–0036.
SUPPLEMENTARY INFORMATION:
Background
I. Petition
srobinson on DSK4SPTVN1PROD with NOTICES
A petition dated June 16, 2010 1 was
filed under section 177.13 of the U.S.
Customs and Border Regulations
(‘‘CBP’’) regulations (19 CFR 177.13), on
behalf of Yara North America, Inc.
(‘‘Yara’’) requesting the reconciliation of
inconsistent classification decisions
under the Harmonized Tariff Schedule
of the United States (‘‘HTSUS’’).
Yara is a subset of Yara International
ASA, a global firm specializing in
agricultural products and environmental
protection agents. It is a supplier of
mineral fertilizers. As an importer of
these products, Yara received
inconsistent classification decisions on
its merchandise at different ports. The
petition concerned Yara’s importation of
CN–9 Solution, a hydrated ammonium
calcium nitrate double salt that is
primarily used as a fertilizer but is also
used for waste water treatment. Yara
entered the subject merchandise at the
Port of Long Beach between January 24,
2009 and September 8, 2009, and at the
Port of Baltimore on April 20, 2010,
under subheading 3102.60.00, HTSUS,
as ‘‘Mineral or chemical fertilizers,
nitrogenous: Double salts and mixtures
of calcium nitrate and ammonium
nitrate.’’ Citing Legal Note 2(a)(v) to
Chapter 31, HTSUS,2 the Port of Long
Beach liquidated the subject
merchandise as entered. Citing Legal
1 The Federal Register (76 FR 48875) notice of
August 9, 2011 erroneously listed the petition as
being dated June 6, 2010.
2 Legal Note 2(a)(v) to chapter 31, HTSUS,
provides that: ‘‘Heading 3102 applies only to the
following goods, provided that they are not put up
in the forms or packages described in heading 3105:
(a) Goods which answer to one or other of the
descriptions given below: … (v) Double salts
(whether or not pure) or mixtures of calcium nitrate
and ammonium nitrate.’’
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19:02 Dec 29, 2011
Jkt 226001
Note 5 to Chapter 28, HTSUS,3 the Port
of Baltimore liquidated the subject
merchandise under subheading
2842.90.90, HTSUS, as ‘‘Other salts of
inorganic acids or peroxoacids
(including aluminosilicates whether or
not chemically defined), other than
azides: Other: Other.’’
Yara met the requirements as an
interested party set forth in 19 CFR
177.13(a)(2) and 19 U.S.C. 1514(c) and
met the requirements regarding the
types of decisions subject to petition set
forth in 19 CFR 177.13(a)(1) and 19
U.S.C. 1514(a). Furthermore, having
filed the petition within 180 days of the
latest decision it received from a port,
Yara met the timeliness requirements of
19 CFR 177.13(a)(3). Lastly, Yara also
met the requirements of 19 CFR
177.13(b)(2), and specifically 19 CFR
177.13(b)(2)(i) in that the petition
contained a complete description of the
inconsistent decisions of which they
complained. The company submitted a
sample that had been tested by the CBP
laboratories. Yara requested that CBP
classify the imported merchandise
under subheading 3102.60.00, HTSUS.
Notice of the petition, along with a
request for comments, was published in
the Federal Register (76 FR 48875) on
August 9, 2011. No comments were
received in response to the notice. This
document informs all interested parties
of CBP’s decision regarding the issue
raised in the petition.
II. Decision
The subject merchandise is a hydrated
ammonium calcium nitrate double salt
that is used as a fertilizer. While it can
also be used for water treatment, its
primary use is as a fertilizer and its
chemical structure is identical for both
uses. As a result, it is described by the
terms of heading 3102, HTSUS, as a
nitrogenous mineral fertilizer.
Furthermore, Legal Note 2 to Chapter
31, HTSUS, specifically lists this
merchandise: double salts, whether or
not pure, or mixtures of calcium nitrate
and ammonium nitrate. In addition,
Explanatory Note (EN) 31.02 confirms
this interpretation. The subject
merchandise is a fertilizer with a
secondary use in waste water treatment.
This alternate function is explicitly
allowed by EN 31.02.
The Port of Baltimore liquidated the
subject merchandise under heading
2842, HTSUS. Legal Note 5 to Chapter
28, HTSUS, directs classification of
double or complex salts into heading
3 Legal Note 5 to chapter 28, HTSUS, provides
that: ‘‘Headings 2826 to 2842 apply only to metal
or ammonium salts or peroxysalts. Except where
the context otherwise requires, double or complex
salts are to be classified in heading 2842.’’
PO 00000
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Fmt 4703
Sfmt 4703
82317
2842, HTSUS, ‘‘except where the
context otherwise requires.’’ There is no
dispute that the subject merchandise is
a double salt, but the context here
requires that it be classified outside
heading 2842, HTSUS. In this case, the
subject merchandise is specifically
described by Legal Note 2 to heading
3102, HTSUS, as being classified in that
heading. The subject merchandise is
also described, eo nomine, by the terms
of heading 3102, HTSUS, as a
nitrogenous mineral fertilizer. As a
result, the context requires that it be
classified there instead of heading 2842,
HTSUS.
This notice informs all interested
parties that in a decision dated
December 16, 2011, CBP classified the
subject CN–9 Solution under
subheading 3102.60.00, HTSUS, which
provides for: ‘‘Mineral or chemical
fertilizers, nitrogenous: Double salts and
mixtures of calcium nitrate and
ammonium nitrate.’’ In accordance with
19 CFR 177.13(e), the decision was
effective immediately upon issuance
and, where applicable, applies to all
entries for which liquidation is not
final.
III. Authority
This notice is published in
accordance with section 177.13(d), CBP
Regulations (19 CFR 177.13(d)).
Dated: December 27, 2011.
Sandra L. Bell,
Executive Director, Regulations and Rulings,
Office of International Trade.
[FR Doc. 2011–33603 Filed 12–29–11; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5477–N–52]
Federal Property Suitable as Facilities
To Assist the Homeless
Office of the Assistant
Secretary for Community Planning and
Development, HUD.
ACTION: Notice.
AGENCY:
This Notice identifies
unutilized, underutilized, excess, and
surplus Federal property reviewed by
HUD for suitability for use to assist the
homeless.
FOR FURTHER INFORMATION CONTACT:
Juanita Perry, Department of Housing
and Urban Development, 451 Seventh
Street SW., Room 7266, Washington, DC
20410; telephone (202) 708–1234; TTY
number for the hearing- and speechimpaired (202) 708–2565 (these
telephone numbers are not toll-free), or
SUMMARY:
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]]>Agencies
[Federal Register Volume 76, Number 251 (Friday, December 30, 2011)]
[Notices]
[Pages 82316-82317]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-33603]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
[Docket No. USCBP-2011-0025]
Final Determination Regarding Petition To Reconcile Inconsistent
Customs Decisions Concerning the Tariff Classification of CN-9 Solution
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security.
ACTION: Notice of final determination regarding petition to reconcile
inconsistent customs decisions.
-----------------------------------------------------------------------
SUMMARY: This document publishes a summary of a decision issued by U.S.
Customs and Border Protection (``CBP'') in response to a petition filed
pursuant to section 177.13 of the CBP regulations requesting the
reconciliation of inconsistent classification decisions issued by CBP
under the Harmonized Tariff Schedule of the United States (``HTSUS'')
of a certain CN-9 solution, a hydrated ammonium calcium nitrate double
salt that is primarily used as a
[[Page 82317]]
fertilizer but is also used for waste water treatment. In the decision,
CBP informed the party filing the petition that the correct
classification of the subject CN-9 Solution is under subheading
3102.60.00, HTSUS.
DATES: The final classification decision was issued on December 16,
2011. The classification set forth in the decision applies to all
entries of the described CN-9 Solution for which liquidation was not
finalized as of December 16, 2011.
FOR FURTHER INFORMATION CONTACT: Tamar Anolic, Tariff Classification
and Marking Branch, Regulations and Rulings, Office of International
Trade, (202) 325-0036.
SUPPLEMENTARY INFORMATION:
Background
I. Petition
A petition dated June 16, 2010 \1\ was filed under section 177.13
of the U.S. Customs and Border Regulations (``CBP'') regulations (19
CFR 177.13), on behalf of Yara North America, Inc. (``Yara'')
requesting the reconciliation of inconsistent classification decisions
under the Harmonized Tariff Schedule of the United States (``HTSUS'').
---------------------------------------------------------------------------
\1\ The Federal Register (76 FR 48875) notice of August 9, 2011
erroneously listed the petition as being dated June 6, 2010.
---------------------------------------------------------------------------
Yara is a subset of Yara International ASA, a global firm
specializing in agricultural products and environmental protection
agents. It is a supplier of mineral fertilizers. As an importer of
these products, Yara received inconsistent classification decisions on
its merchandise at different ports. The petition concerned Yara's
importation of CN-9 Solution, a hydrated ammonium calcium nitrate
double salt that is primarily used as a fertilizer but is also used for
waste water treatment. Yara entered the subject merchandise at the Port
of Long Beach between January 24, 2009 and September 8, 2009, and at
the Port of Baltimore on April 20, 2010, under subheading 3102.60.00,
HTSUS, as ``Mineral or chemical fertilizers, nitrogenous: Double salts
and mixtures of calcium nitrate and ammonium nitrate.'' Citing Legal
Note 2(a)(v) to Chapter 31, HTSUS,\2\ the Port of Long Beach liquidated
the subject merchandise as entered. Citing Legal Note 5 to Chapter 28,
HTSUS,\3\ the Port of Baltimore liquidated the subject merchandise
under subheading 2842.90.90, HTSUS, as ``Other salts of inorganic acids
or peroxoacids (including aluminosilicates whether or not chemically
defined), other than azides: Other: Other.''
---------------------------------------------------------------------------
\2\ Legal Note 2(a)(v) to chapter 31, HTSUS, provides that:
``Heading 3102 applies only to the following goods, provided that
they are not put up in the forms or packages described in heading
3105: (a) Goods which answer to one or other of the descriptions
given below: [hellip] (v) Double salts (whether or not pure) or
mixtures of calcium nitrate and ammonium nitrate.''
\3\ Legal Note 5 to chapter 28, HTSUS, provides that: ``Headings
2826 to 2842 apply only to metal or ammonium salts or peroxysalts.
Except where the context otherwise requires, double or complex salts
are to be classified in heading 2842.''
---------------------------------------------------------------------------
Yara met the requirements as an interested party set forth in 19
CFR 177.13(a)(2) and 19 U.S.C. 1514(c) and met the requirements
regarding the types of decisions subject to petition set forth in 19
CFR 177.13(a)(1) and 19 U.S.C. 1514(a). Furthermore, having filed the
petition within 180 days of the latest decision it received from a
port, Yara met the timeliness requirements of 19 CFR 177.13(a)(3).
Lastly, Yara also met the requirements of 19 CFR 177.13(b)(2), and
specifically 19 CFR 177.13(b)(2)(i) in that the petition contained a
complete description of the inconsistent decisions of which they
complained. The company submitted a sample that had been tested by the
CBP laboratories. Yara requested that CBP classify the imported
merchandise under subheading 3102.60.00, HTSUS.
Notice of the petition, along with a request for comments, was
published in the Federal Register (76 FR 48875) on August 9, 2011. No
comments were received in response to the notice. This document informs
all interested parties of CBP's decision regarding the issue raised in
the petition.
II. Decision
The subject merchandise is a hydrated ammonium calcium nitrate
double salt that is used as a fertilizer. While it can also be used for
water treatment, its primary use is as a fertilizer and its chemical
structure is identical for both uses. As a result, it is described by
the terms of heading 3102, HTSUS, as a nitrogenous mineral fertilizer.
Furthermore, Legal Note 2 to Chapter 31, HTSUS, specifically lists
this merchandise: double salts, whether or not pure, or mixtures of
calcium nitrate and ammonium nitrate. In addition, Explanatory Note
(EN) 31.02 confirms this interpretation. The subject merchandise is a
fertilizer with a secondary use in waste water treatment. This
alternate function is explicitly allowed by EN 31.02.
The Port of Baltimore liquidated the subject merchandise under
heading 2842, HTSUS. Legal Note 5 to Chapter 28, HTSUS, directs
classification of double or complex salts into heading 2842, HTSUS,
``except where the context otherwise requires.'' There is no dispute
that the subject merchandise is a double salt, but the context here
requires that it be classified outside heading 2842, HTSUS. In this
case, the subject merchandise is specifically described by Legal Note 2
to heading 3102, HTSUS, as being classified in that heading. The
subject merchandise is also described, eo nomine, by the terms of
heading 3102, HTSUS, as a nitrogenous mineral fertilizer. As a result,
the context requires that it be classified there instead of heading
2842, HTSUS.
This notice informs all interested parties that in a decision dated
December 16, 2011, CBP classified the subject CN-9 Solution under
subheading 3102.60.00, HTSUS, which provides for: ``Mineral or chemical
fertilizers, nitrogenous: Double salts and mixtures of calcium nitrate
and ammonium nitrate.'' In accordance with 19 CFR 177.13(e), the
decision was effective immediately upon issuance and, where applicable,
applies to all entries for which liquidation is not final.
III. Authority
This notice is published in accordance with section 177.13(d), CBP
Regulations (19 CFR 177.13(d)).
Dated: December 27, 2011.
Sandra L. Bell,
Executive Director, Regulations and Rulings, Office of International
Trade.
[FR Doc. 2011-33603 Filed 12-29-11; 8:45 am]
BILLING CODE 9111-14-P
